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I have a friend who has not filed taxes for a number of years

 
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  • Answered by:AlexiaEsq.
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I have a friend who has not filed taxes for a number of years and failed to negotiate a settlement a couple of years back to bring them up to date. He is now disabled at the age of 56 due to diabetes and osteoporosis. Can he apply for SSD? Would it be determined by his wages for the last 5 years he filed taxes?

Submitted: 282 days and 15 hours ago.
Category: Social Security
Value: $16
Status: CLOSED
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Expert:  AlexiaEsq. replied 282 days and 9 hours ago.

Hi, thanks for your inquiry! I have been practicing SS law for 10+ years and have specific experience with issues like yours. My name isXXXXX and I have been a stage 4 (highest) professional lawyer with the Company for nearly 4 years, and enjoy giving top notch answers to all of my customers. While I am unable to represent you or give you specific legal advise, I can provide you with legal information you may wish to consider and review so that when you do consult with an attorney in your jurisdiction, you have a basis of knowledge.



Please DO remember to only rate my answer when you are quite satisfied with my diligence and effort in accordance with your chosen transaction. I aim to provide EXCELLENT SERVICE. Until then, please stop and REPLY to me via the CONTINUE CONVERSATION button with the question concern you may still have. I will be happy to continue further and do everything I can to provide you with the service you seek. AND, WHEN YOU DO RATE ME POSITIVELY, PLEASE SEND ME A REPLY LETTING ME KNOW YOU ARE DOING SO, SO WE CAN ENSURE IT GETS RECORDED. THANKS!

That being said... with regard to your post:

I have a friend who has not filed taxes for a number of years and failed to negotiate a settlement a couple of years back to bring them up to date. He is now disabled at the age of 56 due to diabetes and osteoporosis. Can he apply for SSD? That will depend on if he accumulated enough credits during the past 10 years to be "insured" for SSDI benefits and/or if he can prove he is unable to work due to medical impairment(s) at a time when he WAS insured for SSDIB. Typically, one must have 20 quarterly credits (5 years) tax paid earnings earned during the last 40 quarters (10 years). Would it be determined by his wages for the last 5 years he filed taxes? The last 10, actually. However, if he became medically unable to work, say, 3 years ago, the 10 years look at to find those 20 quarterly credits would be the 10 years BEFORE 3 years ago.

A quick way for him to learn if and when he was insured is to call 1(NNN) NNN-NNNNand ask for his "Date Last Insured." That will tell him what time period he needs to prove he was disabled starting from - and then he must prove it has continued to the present. He must medically prove an inability to work PAST jobs and any other job in the economy - essentially.

Note that if he is very poor, he need not be "insured" for SSD to apply for SSI (the welfare program).

Hope this helps!

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Customer replied 282 days and 5 hours ago.

I will pass the info on to him. Thanks

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Expert:  AlexiaEsq. replied 282 days and 3 hours ago.

Thank you as well. Please do not forget to Rate me (and positively, such as Excellent Service) - that is the only way I receive Site credit for spending time with you today. Thanks!

Expert TypeSoc. Sec. Attorney
Category: Social Security
Pos. Feedback: 98.8 %
Accepts: 1248
Answered: 7/30/2012

Experience: 19+ years legal exp. - Owns/Operates her own SSD Law practice.

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Customer replied 281 days and 5 hours ago.

Friend says he appreciated the information and got some new info he didn't know. Maybe he can move on to get things finished. He's so poor right now he can't even afford internet, so has to use someone else's computer to finish his SSD app - and can't drive with broken foot.

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Expert:  AlexiaEsq. replied 281 days and 4 hours ago.

Does he know that attorney to represent him, (if they review and find a valid SSI case or SSD case which could take calling several) is FREE, at least until he wins, and then SSA pays the attorney out of back benefits? I.e. no out of pocket to him.

If he is really poor and if his disability does not jive with when he was insured, there is STILL SSI. It is not much, but provides Medicaid usually and if one is on SSI, they can usually get food stamps, etc.

I wish him the best, XXXXX XXXXX you much for the positive rating.

Expert TypeSoc. Sec. Attorney
Category: Social Security
Pos. Feedback: 98.8 %
Accepts: 1248
Answered: 7/31/2012

Experience: 19+ years legal exp. - Owns/Operates her own SSD Law practice.

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